The
material before the Arbitrator establishes, beyond controversy, that the
grievor did fail to meet the standard of productivity with respect to his
availability to handle incoming telephone calls in the Corporation’s telephone
sales office in Montreal. It does not appear disputed that the efficiency
standard required is 83.3% and the grievor was assessed, during the period of
January 1 to January 31 of 2005, as having registered an average daily
availability of 80.6%.

The
grievor’s record stood at fifty-five demerits at the time of the discipline
which is the subject of this award. Following a disciplinary investigation he
was assessed with a penalty of twenty demerits. That discipline, coupled with
the discipline received for a prior incident (see CROA&DR 3722), resulted in his discharge.

There
can be no doubt but that the grievor’s failure of productivity rendered him
liable to discharge. There are, however, substantial mitigating factors to be
considered in the case at hand. The record discloses that in the years prior to
his termination Mr. Achillias registered a very high rate of absenteeism. It
appears that was by reason of his admitted addiction to cocaine, a condition
for which he was repeatedly given the opportunity of absences to follow
detoxification programs. He did follow a number of such programs, although with
limited ultimate success.

The
material before the Arbitrator indicates that he has now succeeded in
controlling his addictive condition, it would appear for a period of close to
two years. Bearing in mind that drug addiction is a disability which merits
accommodation under the Canadian Human
Rights Act, and acknowledging that indeed the Company did make reasonable
efforts to accommodate the grievor prior to his discharge, the Arbitrator
nevertheless considers that this is an appropriate case for a last chance
reinstatement, without compensation, subject to conditions fashioned to protect
the Corporation’s interests.

For
the foregoing reasons the grievance is allowed, in part. The Arbitrator directs
that Mr. Achillias be returned to his employment forthwith, without loss of
seniority and without compensation for any wages or benefits lost. The
grievor’s return to work shall be conditioned on his agreeing to maintain
standards of productivity at least equal to the average for his fellow
employees, in the same classification and location, and it shall also be
conditioned on his maintaining a rate of absenteeism at work which does not
exceed the average for the same group, both conditions to apply for a period of
not less than two years. Should the grievor fail to meet either of these
conditions in any quarter, he shall be subject to immediate termination without
recourse to arbitration save with respect to the question of the calculation of
the grievor’s performance or attendance and the average performance or
attendance of other employees.